Sydney Law School: Recent submissions
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Tribunals and administrative policies: Does the high or low policy distinction help?
Published 2009The Australian administrative law literature identifies a number of factors for allocating weight to administrative policies by merits review tribunals. The primary consideration is the distinction between high policies, ...Open AccessArticle -
The duality of jurisdictional error: Central (to justifying entrenched judicial review of executive action) and pivotal (to review doctrine)
Published 2021Jurisdictional error has a prominent role in entrenched review of executive action in Australia, despite near universal acknowledgment that it does not illuminate the operative norms of administrative law. A statutory ...Open AccessArticle -
Standard deviation? The problematic pre-condition to SEPP 1
Published 2002Flexibility is brought into the New South Wales environmental planning system by a State department policy called State Environmental Planning Policy No 1 – Development Standards. It provides a mechanism whereby applicants ...Open AccessArticle -
Procedural fairness in application cases: Is compellability of consideration a critical safeguard?
Published 2018The proposition that governmental actors must extend procedural fairness to applicants for statutory rights, subject only to clear contrary legislation, has become a background assumption of Australian administrative law. ...Open AccessArticle -
'Chetcuti' and exclusion under the Australian 'Constitution' - the ongoing story of alien status
Published 2022After the controversial judgment in Love v Commonwealth (Love) declaring that Aboriginal people are not aliens or outsiders to the Constitution, Chetcuti v Commonwealth (Chetcuti) has been watched as the next "big" case ...Open AccessArticle